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The Nuts and Bolts of Notice-and-Comment

The Nuts and Bolts of Notice-and-Comment

Chapter:
(p.23) 2 The Nuts and Bolts of Notice-and-Comment
Source:
Bending the Rules
Author(s):
Rachel Augustine Potter
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226621883.003.0002

Chapter 2 describes the nature and the process of notice-and-comment rulemaking. The rules governing rulemaking are arcane; indeed, their very arcaneness is central to the book’s theory. But, because the book’s argument rests in part on the ability of agencies to use their procedural prerogatives to their advantage, it is important for readers to have a basic understanding of the process itself. This chapter briefly explains that process, highlighting key areas of bureaucratic discretion under the Administrative Procedure Act. The chapter also offers a brief historical overview of rulemaking and explains the different oversight mechanisms that the president (via the Office of Information and Regulatory Affairs), Congress, and the courts have over the process.

Keywords:   notice and comment, rulemaking, Administrative Procedure Act, history, Office of Information and Regulatory Affairs, president, Congress, courts

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